Virginia criminal charge
Criminal history record information check required for the transfer of certain firearms in Virginia
Criminal history record information check required for the transfer of certain firearms is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.2:2. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.2:2.
What is the penalty for criminal history record information check required for the transfer of certain firearms in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Dealer wrongfully obtaining or disseminating criminal history record information — A dealer willfully and intentionally requests or obtains criminal history record information under false pretenses, or willfully and intentionally disseminates such information except as authorized.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Dealer wrongfully obtaining or disseminating criminal history record information — A dealer willfully and intentionally requests or obtains criminal history record information under false pretenses, or willfully and intentionally disseminates such information except as authorized.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Materially false statement on consent form — A person willfully and intentionally makes a materially false statement on the consent form required in subsection B or C or on federally required firearm transaction records.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Materially false statement on consent form — A person willfully and intentionally makes a materially false statement on the consent form required in subsection B or C or on federally required firearm transaction records.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Dealer willfully transferring firearm in violation of section — A dealer willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section, except as provided in § 18.2-308.2:1.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Dealer willfully transferring firearm in violation of section — A dealer willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section, except as provided in § 18.2-308.2:1.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Soliciting or aiding a straw purchase transfer — A person solicits, persuades, encourages, or entices a dealer to transfer a firearm other than to the actual buyer, or aids or abets such conduct.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Soliciting or aiding a straw purchase transfer — A person solicits, persuades, encourages, or entices a dealer to transfer a firearm other than to the actual buyer, or aids or abets such conduct.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Purchasing firearm for ineligible transferee or out-of-state resale — A person purchases a firearm intending to resell or provide it to someone known or believed ineligible to receive it, or to transport it out of Virginia for resale to an ineligible person, involving a single firearm (mandatory minimum one year; five years if more than one firearm).) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Purchasing firearm for ineligible transferee or out-of-state resale — A person purchases a firearm intending to resell or provide it to someone known or believed ineligible to receive it, or to transport it out of Virginia for resale to an ineligible person, involving a single firearm (mandatory minimum one year; five years if more than one firearm).; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Ineligible person soliciting or assisting straw purchase — A person who is ineligible to purchase, receive, or possess a firearm solicits, employs, or assists another person in violating subsection M, subject to a mandatory minimum five-year term.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Ineligible person soliciting or assisting straw purchase — A person who is ineligible to purchase, receive, or possess a firearm solicits, employs, or assists another person in violating subsection M, subject to a mandatory minimum five-year term.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Unlawful purchase of more than one handgun within 30 days — A person who is not a licensed firearms dealer purchases more than one handgun within any 30-day period, absent an applicable exception or enhanced background check certificate.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Unlawful purchase of more than one handgun within 30 days — A person who is not a licensed firearms dealer purchases more than one handgun within any 30-day period, absent an applicable exception or enhanced background check certificate.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is criminal history record information check required for the transfer of certain firearms classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealer wrongfully obtaining or disseminating criminal history record information | class 2 misdemeanor | A dealer willfully and intentionally requests or obtains criminal history record information under false pretenses, or willfully and intentionally disseminates such information except as authorized. | Va. Code Ann. § 18.2-308.2:2E |
| Materially false statement on consent form | class 5 felony | A person willfully and intentionally makes a materially false statement on the consent form required in subsection B or C or on federally required firearm transaction records. | Va. Code Ann. § 18.2-308.2:2K |
| Dealer willfully transferring firearm in violation of section | class 6 felony | A dealer willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section, except as provided in § 18.2-308.2:1. | Va. Code Ann. § 18.2-308.2:2L |
| Soliciting or aiding a straw purchase transfer | class 6 felony | A person solicits, persuades, encourages, or entices a dealer to transfer a firearm other than to the actual buyer, or aids or abets such conduct. | Va. Code Ann. § 18.2-308.2:2L |
| Purchasing firearm for ineligible transferee or out-of-state resale | class 4 felony | A person purchases a firearm intending to resell or provide it to someone known or believed ineligible to receive it, or to transport it out of Virginia for resale to an ineligible person, involving a single firearm (mandatory minimum one year; five years if more than one firearm). | Va. Code Ann. § 18.2-308.2:2M |
| Ineligible person soliciting or assisting straw purchase | class 4 felony | A person who is ineligible to purchase, receive, or possess a firearm solicits, employs, or assists another person in violating subsection M, subject to a mandatory minimum five-year term. | Va. Code Ann. § 18.2-308.2:2N |
| Unlawful purchase of more than one handgun within 30 days | class 1 misdemeanor | A person who is not a licensed firearms dealer purchases more than one handgun within any 30-day period, absent an applicable exception or enhanced background check certificate. | Va. Code Ann. § 18.2-308.2:2R |
Common questions about criminal history record information check required for the transfer of certain firearms in Virginia
Is criminal history record information check required for the transfer of certain firearms a felony or a misdemeanor in Virginia?
It depends on the circumstances: criminal history record information check required for the transfer of certain firearms ranges from a class 2 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-308.2:2.
Dealer wrongfully obtaining or disseminating criminal history record information: class 2 misdemeanor (Va. Code Ann. § 18.2-308.2:2E) · Materially false statement on consent form: class 5 felony (Va. Code Ann. § 18.2-308.2:2K) · Dealer willfully transferring firearm in violation of section: class 6 felony (Va. Code Ann. § 18.2-308.2:2L) · Soliciting or aiding a straw purchase transfer: class 6 felony (Va. Code Ann. § 18.2-308.2:2L) · Purchasing firearm for ineligible transferee or out-of-state resale: class 4 felony (Va. Code Ann. § 18.2-308.2:2M) · Ineligible person soliciting or assisting straw purchase: class 4 felony (Va. Code Ann. § 18.2-308.2:2N) · Unlawful purchase of more than one handgun within 30 days: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:2R)
What are the penalties for criminal history record information check required for the transfer of certain firearms in Virginia?
Penalties for criminal history record information check required for the transfer of certain firearms in Virginia depend on how it is classified — from a class 2 misdemeanor up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers criminal history record information check required for the transfer of certain firearms?
Criminal history record information check required for the transfer of certain firearms is governed by Va. Code Ann. § 18.2-308.2:2 (Criminal history record information check required for the transfer of certain firearms).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.